Following too closely is a traffic offense that can lead to severe consequences on your commercial driver’s license, particularly if it reaches the DOT FMCSA.
For big rig drivers, it carries particular weight due to the risks it poses on the road. Let’s break down what it means and how it can impact your driving record and commercial driving career.
Following Too Closely, as Defined by the DOT FMCSA
The FMCSA defines following too closely in a commercial motor vehicle (CMV) as a situation where one vehicle is tailgating another. This could mean that the following driver cannot avoid a collision if the vehicle ahead brakes suddenly.
According to the FMCSA, CMV drivers should maintain a safe distance for adequate stopping time. Doing so allows the driver to react and adjust, especially if lane changes or other maneuvers are needed to avoid a crash.
The FMCSA’s Large Truck Crash Causation Study (LTCCS) found that 5% of CMV accidents were due to following too closely.
How to Maintain a Safe Following Distance
1. Keep Four Seconds of Distance
Heavy trucks need more time to stop. At 40 mph, you should leave at least four seconds of distance between you and the vehicle ahead. For every additional 10 mph, add another second of following distance. For example, at 55 mph—the statewide commercial vehicle speed limit in California—maintain a six-second gap. If that sounds unreasonable, we understand. But we’re just passing along the information that the state is telling drivers to follow.
2. Increase Distance in Bad Weather
In rain, fog, or other hazardous conditions, doubling the following distance is essential. This extra space ensures you have enough time to stop safely, even if the driver ahead brakes suddenly.
Following Too Close in a CMV: Legal Consequences
In Woodland, Yolo County, CA, following too closely in a CMV is considered a minor infraction.
However, the fine is just the beginning. A driver convicted of this moving violation faces a fine of about $238. But this isn't the only penalty.
The California DMV will add 1.5 Negligent Operator Treatment System (NOTS) points to the driver’s record.
These points remain for three years and can accumulate quickly, leading to a possible suspension. A commercial drivercannot exceed four NOTS points in one year, six in three years, or eight in total across three years without facing suspension or probation.
If a suspension notice is issued, the driver or their attorney must request a DMV NOTS hearing within 15 days of the DMV mailing.
However, commercial drivers can request a DMV NOTS Hearing to request additional leeway when the majority of their NOTS were gathered while driving a CMV. Consult a CA traffic attorney for details.
Following Too Closely as a Serious Offense
The FMCSA treats following too closely as one of the serious offenses that can have long-term consequences.
Other offenses in this category include:
Reckless driving
Unsafe lane changes
Driving without a valid CDL or permit
Texting or using a cell phone while driving
Speeding by 15 mph or more, or any speeding within construction or school zone
Fatal accidents caused by ignoring traffic controls
A serious offense on a driver’s record is maintained in the Pre-employment Screening Program (PSP) for three years. A second conviction leads to a 60-day disqualification, while a third conviction results in a 120-day disqualification. Multiple serious offenses can lead to a lifetime ban for commercial drivers.
For fleet managers, hiring a driver with a serious offense can hurt their Safety Measurement System (SMS) percentile. A poor SMS percentile can increase insurance premiums and lead to more inspections, which disrupt delivery schedules and can result in contract cancellations.
Dispute Moving Violations with a CA Traffic Attorney
If you’ve been cited for following too closely or another moving violation in Woodland, Yolo County, CA, it’s critical to understand your rights.
A traffic attorney can help you dispute the charges, potentially reducing the impact on your driving record and career. Don't let a minor infraction lead to serious consequences—contact an experienced CA traffic attorney today.
Consult with Bigger & Harman About Following Too Closely in Woodland, CA
Choose Bigger & Harman, APC, if you face a following too closely charge that could lead to a DOT FMCSA serious offense.
Contact us at (661) 349-9300—Se habla Español 349-9755.
Use our user-friendly contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.